Pebble Climbing Terms Of Use

Effective Date: November 1, 2020


These Terms of Use

These terms of use (the “Terms”) are entered into You and Pebble Climbing, LLC (the ”Company”, “we”, or “us”), and govern your access to and use of our websites or other online or mobile services or applications (“Services”). Please read the Terms and our Privacy Policy carefully before you start to use the Services. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, YOU ARE AGREEING TO THE THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THE THESE TERMS OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES

The Services are intended solely for persons who are 13 years old or such higher age required in your jurisdiction to use the Services. By using the Services, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

Changes to the Services and These Terms of Use

We may change our Services and these Terms from time to time, in our sole discretion. You agree that our mobile application(s) may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

If we make changes to these Terms, we will notify you of such changes, such as by sending an email, posting a notice on the Services or updating the date at the top of these Terms. Unless we say otherwise, the amended Terms will be effective immediately and your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to review the Terms and Privacy Policy whenever you access our Services. If you do not agree to these or any updated Terms, you can delete your account.

User Accounts

When you create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself (“User Data”) and (b) maintain and promptly update the User Data. You agree that we may use your User Data to provide Services that you access or use and as further provided in these Terms. If you provide any User Data that is inaccurate or not current, or we have reasonable grounds to suspect that such User Data is inaccurate or not current, we have the right to suspend or terminate your account and refuse current or future use of the Services.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee the security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to us.

You may register for or log-in to your account via a third-party service, such as Facebook, Google, or Apple. If you do so, you hereby authorize us to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Some of the Services require you to connect to the Mapbox or other APIs associated with interacting with third parties. You hereby agree to be bound by the Mapbox terms of service (https://www.mapbox.com/legal/tos) and Privacy Policy (https://www.mapbox.com/legal/privacy) in connection with your use of such Services.

Deleting your account

To permanently delete your account:

  1. Log in to your account and navigate to your profile.
  2. Select the edit option.
  3. Select the Delete Account button.

When your account is deleted, your account, your profile, sends, photos, videos, comments, fist bumps and your follower relationships will be permanently removed, however, such information that has been shared with a third party will be deleted according to the third party’s terms. Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.

Services, Content, and Conduct

A. WARNING

THE CONTENT PRESENTED ON THE SERVICES INVOLVES ROCK CLIMBING, INDOOR CLIMBING AND OTHER ATHLETIC ACTIVITIES THE PARTICIPATION IN WHICH INVOLVES INHERENT AND SIGNIFICANT RISKS TO BODILY INJURY, INCLUDING DEATH. YOU ACKNOWLEDGE THAT YOU COULD BE SERIOUSLY INJURED OR DIE WHEN ENGAGING IN ACTIVITIES PRESENTED ON THE SERVICES AND THAT YOU WILL RECEIVE COMPETENT INSTRUCTION BEFORE PARTICIPATING IN ANY SUCH ACTIVITIES. YOUR PARTICIPATION IN SUCH ACTIVITIES IS VOLUNTARY AND YOU ASSUME ALL RISKS INVOLVED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO ACCURACY OF CONTENT ON THE SERVICES AND ARE NOT REVIEWING THE CONTENT ON THE SERVICES FOR ACCURACY, COMPLETENESS, CLIMBING OR OTHER SAFETY RISKS, OR ANY DANGERS RELATED TO YOUR USE OF THE CONTENT ON THE SERVICES

B. User Content

You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). Climbing gyms, climbing areas, and any related climbs or similar information created by using the Services or which are on parts of the Services which are publicly editable, are not considered Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you and other users, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services, including your use, participation in or engagement with the Content. We do not proactively or routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. As a result we are not responsible for the use or participation in any content posted about climbing areas, climbing gyms, or particular climbs or areas. However, we retain the right, in our sole discretion, to screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise is objectionable or potentially harmful. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable, or which can expose you to risks of injury or even death. Under no circumstances will we be liable in any way for any Content, including, but not limited to, your participation in activities related to the Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, safety or usefulness of such Content.

You agree that we are not responsible for, and do not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on our part other than as set forth in our Privacy Policy, and we will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the ability to mark certain Content that you submit to the Services as private, public, or available only to select users of the Services. We will maintain the privacy of such Content in accordance with the options provided to you. However, if you post Content on the publicly available parts of the Services (e.g., our guides), do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made available to anyone, you are responsible for the public nature of the Content. Our Privacy Policy provides more information on available privacy settings.

C. Content Removal

We can remove any Content or information you share on the Services if we believe that it violates any part of these Terms, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately: (i) to protect other users or third parties or Services, (ii) if you create risk or legal exposure for us, violate these Terms or our other policies, or infringe other people’s intellectual property rights, and (iv) where we are permitted or required to do so by law. If you believe your account has been terminated in error, please contact support@pebbleclimbing.com.

User Conduct

You may not use the Services, or assist or encourage any other party, to:

  • use the Services other than for their intended purposes or subject matter, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
  • deceive or endanger, or post any content that deceives or endangers, any other user of the Services;
  • make available content that is sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • make available content that is illegal, obscene, defamatory, indecent, offensive, threatening, harassing, abusive, or hateful or that advocates violence;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • engage in any harassing, intimidating, predatory or stalking conduct;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • infringe, dilute, misappropriate or otherwise violate any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names);
  • make available content that is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
  • send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending spam;
  • use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  • reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
  • develop or use any third-party applications that interact with our Services without our prior written consent;
  • use the Services in a manner that could interfere with or damage, disable, overburden or impair the operation of the Services or introduce to the Services or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
  • attempt to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of the Services internet protocol space;
  • access any content on the Services through any technology or means other than those provided or authorized by the Services;
  • distribute, or discloses any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  • use any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Services than a human can reasonably produce in the same period of time by using a conventional web browser;
  • bypass the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  • use, copy, modify, create derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to us;
  • execute any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

Interactions with Gyms and other Users

The Pebble Climbing Services function as a venue to connect users to each other, to outdoor climbing areas and climbing gyms, and related content, in a virtual information place. As a neutral facilitator, we are not directly involved in the actual interactions between you and any other users, climbing gyms (and their employees), or your climbing activities (both indoor and outdoor). As a result, we have no control over the truth, accuracy, quality, legality, or safety of postings or other information made by users of the Services, including by climbing gyms or about climbing areas, and climbs identified on the Services.

You may also decide to use the Services to arrange to climb or otherwise meet with other users offline. We will have no responsibility to confirm the identity, climbing knowledge, qualifications, background, or abilities of users of the Services, or vouch for the safety of such offline meetings. All such meetings are held at your sole risk. We encourage you to be cautious about the Content you post and take precautions when interacting with other users, particularly when meeting them in person. You shall at all time exercise common sense and good judgment when dealing with any other users or content on the Services.

Services URLs and RSS Feeds

You are granted a limited, non-exclusive right to create a text hyperlink to and implement any RSS feeds located on the Services for non-commercial use only, provided such link or RSS feed does not portray us or any of the Services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. We reserve the right to revoke these licenses generally, at any time, with or without cause.

Third Party Products and Services

Third party products and services made available on the Services, e.g. climbing gym climbs, activities and events, and equipment brand offerings, are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with us. Your interaction with, or participation in activities or promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. YOU AGREE THAT PEBBLE CLIMBING, LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTIES, INCLUDING CLIMBING GYMS, SERVICE PROVIDERS OR ADVERTISERS, AVAILABLE THROUGH THE SERVICES.

We or third parties, including climbing gyms or other users, may provide links to other internet sites or resources through the Services. You acknowledge that we do not endorse and are not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources.

Third Party Equipment

You are responsible for all fees or costs associated with your use of your electronic devices to access the Services, which may include internet access, data and other charges associated with the purchase and use of such devices. Your use of certain features of the Services may also require you to purchase third party equipment or materials (e.g., Garmin or Apple Watch). We will have no responsibility for your acquisition or use of any third party equipment or materials and do not guarantee that third party equipment or materials will function with the Services or will be error-free.

Our Proprietary Rights

We grant you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by us.

The term “PEBBLE CLIMBING”, the Pebble Climbing logo and other Services logos and product and service names are the exclusive trademarks of, and are owned by, Pebble Climbing, LLC, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

We reserve all rights not expressly granted hereunder.

Claims of Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of limiting access by, or terminating the online accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on the Services infringes upon a copyright that you own or control, you may notify our designated agent as follows:

Name of Designated Agent: Pebble Climbing, LLC

Address: 770 East 500 South Salt Lake City, UT 84102

Phone: (801) 597-5912

Email: support@pebbleclimbing.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Services, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. PEBBLE CLIMBING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, OR CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

PEBBLE CLIMBING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR “ATHLETIC ACTIVITIES” WHICH INCLUDES BUT IS NOT LIMITED TO ROCK CLIMBING, INDOOR CLIMBING OR ACTIVITIES OFFERED AT CLIMBING GYMS, CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PEBBLE CLIMBING, LLC OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT PEBBLE CLIMBING, LLC DOES NOT ASSUME RESPONSIBILITY FOR THE OPERATION, SUPERVISION, OR CONDUCT OF ANY COMPETITION, CONTEST, CHALLENGE, MEET UP OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLIMBING GYM OR OTHER USERS.

YOU EXPRESSLY AGREE TO RELEASE PEBBLE CLIMBING, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SERVICES, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR PARTICIPATION IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

PEBBLE CLIMBING, LLC DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S (INCLUDING CLIMBING GYMS) CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO PEBBLE CLIMBING, LLC FOR YOUR USE OF THE SERVICES.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify and hold Pebble Climbing, LLC and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party in connection with or arising out of: (i) Content you submit, post, transmit or otherwise seek to make available through the Services, (ii) your use or misuse of the Services, (iii) your climbing or other athletic activities which are related to the Content you or others post or seek to post on the Services (including, but not limited to, indoor or outdoor climbing, events, or your travel related to any of the foregoing), (iv) your connection to the Services, (v) your violation of the Terms, (vi) your violation of any data protection or privacy laws, or (vii) your violation of any rights of another person or entity. To the degree the laws of your jurisdiction do not permit any part of this indemnity, any remaining permitted parts or application of this indemnity will apply to the maximum extent allowed by such laws.

Non-US Users

The Services are controlled by Pebble Climbing, LLC from its offices within the United States of America. Pebble Climbing, LLC makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

GOVERNING LAW, AND EXCLUSIVE JURISDICTION AND VENUE

ANY ACTION RELATED TO THE TERMS, CONTENT, THE SERVICES, AND YOUR RELATIONSHIP WITH PEBBLE CLIMBING, LLC SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN SALT LAKE COUNTY, UTAH, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES.

Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to any or all of the Services. Cause for such termination or limitation of access shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Services.

General Provisions

  • If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
  • You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Services.
  • The Terms constitute the entire agreement between you and us with respect to your use of the Services.
  • Our waiver of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
  • If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
  • You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us.
  • We have the right, in our sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
  • Our notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms.
  • A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • Section titles and headings in the Terms are for convenience only and have no legal or contractual effect.

Your Feedback

We welcome your comments, feedback and suggestions about the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to us a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send us any Feedback that you do not wish to license to us as set forth above.

Support and Questions

Please send any questions regarding the Services and these Terms to: support@pebbleclimbing.com.

© 2022 Pebble Climbing, LLC